Kerala High Court
Rajasree N.P vs Erathu Grama Panchayat on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 3932 OF 2023
PETITIONER:
RAJASREE N.P.,
AGED 55 YEARS
W/O PUSHPARAJAN, 'CHAITHANYA',KAIPATTOOR,
ANGADICKAL NORTH P.O, KOODAL VILLAGE,
PATHANAMTHITTA DISTRICT - 689 648.
BY ADVS.
S.SHANAVAS KHAN
S.INDU
KALA G.NAMBIAR
RESPONDENTS:
1 ERATHU GRAMA PANCHAYAT,
ADOOR, PATHANAMTHITTA - 691520,
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY,
ERATHU GRAMA PANCHAYAT, ADOOR,
PATHANAMTHITTA, PIN - 691520
3 THE ASSISTANT ENGINEER (LSGD & E & W),
LSGD SECTION, ERATHU GRAMA PANCHAYAT ADOOR,
PATHANAMTHITTA- 691 520.
BY ADVS.
K.SHAJ
SHRI.K.SHAJ, SC, ERATHU GRAMA PANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3932 OF 2023
..2..
MOHAMMED NIAS C.P, J.
========================
W.P.(C) No. 3932 of 2023
========================
Dated this the 3rd day of April, 2024
JUDGMENT
The petitioner has preferred Ext.P2 application for the
development plan and Ext.P3 application for the building
permit. The learned counsel for the petitioner submits that
no orders have been passed on the same so far and seeks a
direction to the respondents to dispose of the same.
2. The panchayat has filed a counter in which it is
stated that the petitioner can use the panchayat road as
access for taking the vehicles. The learned counsel for the
petitioner submits that a reply affidavit was filed wherein it
pointed out that the plan is to put up a commercial building
facing MC Road, on the western side which has more than
16 meters width whereas the panchayat road passing on
the northern side, is having only 4.30 meters width.
Primafacie, the contention of the learned Counsel for the
WP(C) NO. 3932 OF 2023
..3..
petitioner that his client has the right to choose the
elevation, frontage or access has to be accepted subject to
the applicable provisions.
3. Accordingly, there will be a direction to the
respondents to consider and pass orders in Exts.P2 and P3
strictly following Kerala Panchayat Building Rules, 2019, if
the applications are otherwise in order, within a period of
six weeks from the date of receipt of a copy of the
judgment.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P
LU JUDGE
WP(C) NO. 3932 OF 2023
..4..
APPENDIX OF WP(C) 3932/2023
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED
01/07/2022 ISSUED FROM ERATHU VILLAGE
OFFICE
EXHIBIT P2 TRUE COPY OF THE DRAWING OF THE
PROPOSED BUILDING
EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT
APPLICATION DATED 04/07/2022 SUBMITTED
BEFORE FIRST RESPONDENT
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE DATED
30/09/2022 ISSUED BY THE ENGINEER WITH
REGARD TO EARTH CUTTING DETAILS OF THE
PROPOSED LAND DEVELOPMENT
RESPONDENT EXHIBITS :
EXHIBIT R1(A) THE TRUE COPY OF LETTER NO.
400381/BPRL01/GA/2022/119/(2) DATED
19/02/2022, ALONG WITH THE REPORT OF
THE LSGD ASSISTANT ENGINEER, ISSUED BY
THE ASSISTANT SECRETARY TO THE
PETITIONER
EXHIBIT R1(B) THE TRUE COPY OF GOVERNMENT ORDER G.O
(ORDINARY) NO.1795/2021/LSGD DATED
18.09.2021 ISSUED BY THE KERALA
GOVERNMENT
EXHIBIT R1(C) THE TRUE COPY OF LETTER NO.
400381/BPMC01/GA/2022/2689/(1) DATED
25/07/2022, ALONG WITH THE REPORT OF
THE LSGD ASSISTANT ENGINEER, ISSUED BY
THE 2ND RESPONDENT TO THE PETITIONER
PETITIONER EXHIBITS :
EXHIBIT P5 TRUE COPY OF THE OBJECTION DATED
17/03/2023 SUBMITTED BY PETITIONER
BEFORE THE 2ND RESPONDENT
// True Copy // PA To Judge
